One Local Environmental Plan and Development Control Plan for the Coast

The new Central Coast Local Environmental Plan 2022 (CCLEP 2022) has been finalised and was notified on the NSW Legislation website on 24 June 2022.  It will come into effect on 1 August 2022 and the consolidated Central Coast Development Control Plan 2022 (CCDCP 2022) will also come into force on the same date. More information on the implementation of the new CCLEP and CCDCP coming into effect is available here. 

Development Applications lodged by Council from 1 August 2022 will be subject to the CCLEP 2022. 

Development Applications lodged prior to 1 August 2022 will be subject to the provisions of existing planning controls, although such applications MUST set out compliance with the provisions of CCLEP 2022, even if they are lodged prior to 1 August 2022, given that the adoption of CCLEP 2022 is imminent and certain.

Current planning controls up to 31 July 2022:

• Gosford Local Environmental Plan 2014  
• Gosford Development Control Plan 2013 
• Wyong Local Environmental Plan 2013 
• Wyong Development Control Plan 2013 
• The Interim Development Order 122 (IDO 122), Interim Development Order 146 (IDO 146), and Gosford Planning Scheme Ordinance (GPSO) are still relevant in a number of select locations.

The single LEP applies to the vast majority of the LGA, with a small portion of the local government area being land deferred for further consideration. The next stage of updating the CCLEP for these deferred lands will be publicly exhibited to the community before the end of 2022. The deferred lands are subject to existing planning controls. The Gosford Town Centre remains subject to State Environmental Planning Policy (Precincts Regional) 2021 Pt 5.8 Gosford City Centre.
 

The draft Central Coast LEP and DCP (draft CCLEP and LEP) also known as the ‘Consolidated LEP and DCP’ is a priority project to strengthen the merger of the former Gosford City and Wyong Shire Councils, since becoming the Central Coast Council in May 2016.

Most of the proposed changes are not major, the project is focussed on the consolidation and alignment of existing LEP/DCP controls. The project is the first step in producing a Comprehensive LEP and DCP for the Central Coast, which will require further strategy and evidence-based work to be conducted over the next four years. The Consolidated LEP and DCP provides the foundation for the next phase of strategic planning work to be undertaken.

Having a consolidated LEP and DCP will mean that almost 95% of the Central Coast Local Government Area (LGA) will be subject to the same planning instrument. The remaining 5% of the LGA will remain as deferred lands under the CCLEP and be subject to existing planning instruments (i.e. IDO 122 and the GPSO).

This will mean that development will be assessed against a single LEP and DCP. This will help to simplify the development process for applicants.

It will also mean that our planning assessment and support staff can further streamline processes to promote greater efficiency for assessment of development applications.

In response to public submissions and Councillor input, privately owned lands identified as ‘Deferred Matters’ under GLEP 2014 will remain deferred under the CCLEP.

Investigation and ground truthing of sites identified through submissions revealed that the removal of split zones, over smoothing of zone boundary lines during the mapping process and significant differences in the framework and criteria applied under the Environmental and Urban Edge Zone Review (EUEZR), in comparison to the WLEP 2013 and GLEP 2014, has resulted in some instances where the proposed zoning outcome is not suitable.

A review of the Central Coast Environmental Lands is being undertaken as a priority project for the comprehensive LEP.

This project will bring the deferred matters land into the Standard Instrument (SI) LEP format and phase out historic planning instruments. It is required to ensure a consistent approach to the zoning and management of environmentally sensitive land across the entire LGA.

The draft CCLEP is a combination of the most appropriate provisions from the WLEP 2013 and GLEP 2014. Where similar provisions exist, they have been retained. Where provisions are not similar, the most suitable provision has been proposed for retention.

Site specific provisions and additional permitted uses have also been retained. In terms of the LEP, the primary changes relate to the land use permissibility tables within each zone. Notable changes include the removal of the small lot housing provision within the R2 Low Density Zone which operated in the former Wyong LGA and the addition of dual occupancy development as a permissible land use with Council approval in the R2 Low Density Residential Zone in the former Gosford LGA.

Changes to the DCP controls are not substantial with local provisions such as those relating to major centres being retained.

The existing character statements for the former Gosford LGA will be retained as a consideration under CCDCP.

The draft CCLEP/DCP does not provide a green light for automatic development across the region. Development applications will need to comply with all requirements relating to issues such as minimum lot size, site slope and appropriate access. Under State Government policy secondary dwellings (granny flats) are already permissible in the R2 Low Density Residential zone and dual occupancy development will provide for the potential for a higher quality of additional development in the R2 Low Density Residential zone including ensuring that adequate off-street parking is available.

No.

This process has been underway for four years and has always been a priority project since the amalgamation due to its importance for the region. As part of the consolidation process extensive consultation has been undertaken with all stakeholders, including Councillors. Consideration of the LEP and DCP had previously been deferred by Council on two occasions which required further consultation and workshops with Councillors which were conducted this year. Feedback and submissions raised were considered and resulted in several amendments to the final draft.

It was always the intention that this item be referred back to Council by the end of 2020 before the expiry of the Gateway Determination in February 2021.

The Local Strategic Planning Statement (LSPS) was adopted by Council on 29 June 2020. At the time of adoption this document was noted as an ‘Interim’ LSPS.

The statement focuses on the vision and planning priorities for land use planning in the region over the next 20 years and is It is a living document that will be reviewed on an ongoing basis. The LSPS is being used to help inform the next stage of developing a Comprehensive LEP and DCP.

The LSPS explains how state and regional plans such as the Central Coast Regional Plan 2036 will be implemented in the Central Coast region.

Together with Council’s Community Strategic Plan (CSP) the document will identify the long-term social, environmental and economic aspirations of the community and provide a clear direction for growth that will inform future strategic plans and planning instruments.

The Central Coast LSPS is available on the NSW Planning Portal.

The preparation of an LEP of any form is a legislated process which prescribes certain documentation and actions to be prepared and undertaken, including preparation of the planning proposal, agency consultation, community consultation, and plan finalisation.
For a “run of the mill” planning proposal, this usually takes 18 months to 2 years.

For a local government wide planning proposal of this nature and complexity much longer timeframes are typically required. In addition, this project has included the move from pdf maps to online digital mapping, with the draft CCLEP being the first LEP in the state to move to this digital platform.

The consolidation process has required extensive review and assessment in addition to significant consultation. The process commenced in late 2016 with the Department Planning, Industry and Environment (DPIE) issuing a Gateway Determination to proceed in late 2017.

Following this further assessment and investigations were undertaken as well as consultation with State Government agencies. Amendments were then made based on feedback received.

Throughout the process, Council had been engaged in discussions with the DPIE to be part of a pilot project for digital mapping. This project formally commenced in November 2017, with the digital platform being managed by DPIE, using Council data. It was not until mid-2018 that a spatial viewer for the project could be tested.

Community consultation of the planning proposal, mapping and supporting documentation occurred between December 2018 and February 2019. As part of the legislated process, Council was required to assess the outcomes of public exhibition. With over 750 submissions and outcomes from multiple meetings, there was a considerable volume of material to review, with wide ranging interests and positions represented.

Additionally, following this process, there have been two reports to Council seeking endorsement of the plan. The report of 9 December 2019 was deferred from consideration, whilst the report to the 9 March 2020 Council meeting resulted in a need for additional Councillor briefings which were completed prior to the Council being placed under Administration.

A Local Environmental Plan (LEP) is the primary legal planning document for guiding land use and planning decisions made by Council.

An LEP describes what can be undertaken on land and is supported by mapping (including land use zones, lot size maps etc.). Through zoning and development controls, the LEP allows Council to manage the way in which land is used to shape our local communities. It is also a way of reflecting strategic land use planning undertaken by Councils - for example, by providing an adequate supply of land for housing and employment.

A Development Control Plan (DCP) provides detailed planning and design guidelines to support the planning controls in the Local Environmental Plan (LEP).

A DCP describes how to go about a land use. They provide additional development controls and standards for addressing and managing issues at a local level and provide information to meet Council’s requirements for sustainable, quality development.

The NSW Government’s guide to preparing local environment plan outlines the process that Council follows as part of the NSW planning system which is underpinned by a strategic planning framework.